Week 2: Interpretation of Section 1-5 of Court Fee ACT

COURT FEE ACT

Synopsis:

1. Introduction to Court Fee Act........Title, extent and commencement

2.Definetions and Interpretation

3.Levy of Court Fee in Various Courts.

4.​Case Laws

5.Nature of Court Fee Act

Mst. Walayat khatoon case: PLD 1979 SC 821 “Court Fees Act is a fiscal statue to secure revenue, it is a form of taxation. 

Short title – Extent of Act – Commencement of Act.– This Act may be called the Court-fees Act, 1870.

      It extends to [the whole of Pakistan].

      And it shall come into force on the first day of April, 1870

[1-A.   Definition of “Appropriate Government”.– In this Act “the Appropriate Government” means, in relation to fees or stamps relating to documents presented or to be presented before any officer serving under the [Federal Government], that Government, and in relation to any other fees or stamps, the Provincial Government].

2.   [“Chief Controlling Revenue-authority” defined] Repealed by A.O., 1937.

CHAPTER II

FEES IN THE HIGH COURTS

3.   Levy of fees in High Courts on their original sides.– The fees payable for the time being to the clerks and officers (other than the sheriffs and attorneys) of the [High Courts];

      or chargeable in each of such Courts under No. 11 of the first, and Nos. 7, 12, 14  20 and 21 of the second schedule to this Act annexed;

      

shall be collected in manner hereinafter appearing.

4.   Fees on documents filed, etc., in High Courts in their extraordinary jurisdiction – in their appellate jurisdiction – as Courts of reference and revision.– No document of any of the kinds specified in the first or second schedule to this Act annexed, as chargeable with fees, shall be filed, exhibited or recorded in, or shall be received or furnished by, any of the High Courts in any case coming before such Court in the exercise of its extraordinary original civil jurisdiction;

      or in the exercise of its extraordinary original criminal jurisdiction;

      or in the exercise of its jurisdiction as regards appeals from the judgments (other than judgments passed in the exercise of the ordinary original Civil Jurisdiction of the Court) of [two]] or more Judges of the said Court, or of a division Court;

      or in the exercise of its jurisdiction as regards appeals from the Courts subject to its superintendence;

      or in the exercise of its jurisdiction as a Court of reference or revision;

      unless in respect of such document there be paid a fee on an amount not less than that indicated by either of the said schedules as the proper fee for such document.

5.   Procedure in case of difference as to necessity or amount of fee.– When any difference arises between the officer whose duty it is to see that any fee is paid under this Chapter and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall, when the difference arises in any of the High Courts, be referred to the taxing-officer, whose decision thereon shall be final, except when the question is, in his opinion, one of general importance, in which case he shall refer it to the final decision of the Chief Justice of such High Court, or of such Judge of the High Court as the Chief Justice shall appoint either generally or specially in this behalf.

 

      The Chief Justice shall declare who shall be taxing-officer within the meaning of the first paragraph of this section.

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